Buchanan v. Lewis A. Hicks Co.
Oregon Supreme Court
From Multnomah: Robert Gr. Morrow, Judge. Department 1. Statement by Mr. Justice Moore. This is an action by Ernest E. Buchanan against the Lewis A. Hicks Company, a corporation, to recover damages for a personal injury.
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From Multnomah: Robert Gr. Morrow, Judge. Department 1. Statement by Mr. Justice Moore. This is an action by Ernest E. Buchanan against the Lewis A. Hicks Company, a corporation, to recover damages for a personal injury. The complaint charges that the defendant was negligent in failing to place a guard upon a circular ripsaw that was operated by electric power, whereby the plaintiff’s left thumb was cut and hurt to his damage in the sum of $4,000. The answer denies the material averments of the complaint, and for separate defenses alleges that the mechanism of the saw was such that it could…
1Opinion of the CourtJustice Moore
It is contended that errors were committed in refusing to grant a judgment of nonsuit, and in declining *506to instruct the jury to find a verdict for the defendant when the cause was finally submitted. The testimony shows that the plaintiff is a carpenter 27 years old, and had worked at his trade 12 years. He had been employed by the defendant about 2y2 months prior to January 3, 1912, on which day, by direction of the defendant’s superintendent, he commenced operating a circular ripsaw, but before that time he had never had any experience in that line of work. The saw frame and table were…
2Cases cited3 opinions
- Elliff v. Oregon R. & N. Co.Oregon Supreme Court · 1909
- Geldard v. MarshallOregon Supreme Court · 1903
- Finn v. Oregon W. P. & Ry. Co.Oregon Supreme Court · 1908
3Cited by20 opinions
- Van Lom v. SchneidermanOregon Supreme Court · 1949
- Greist v. PhillipsOregon Supreme Court · 1995
- Lippold v. KiddOregon Supreme Court · 1928
- Timmins v. HaleOregon Supreme Court · 1927
- Tenold v. Weyerhaeuser Co.Court of Appeals of Oregon · 1994
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